High Court has stayed the decision of the Political Parties Dispute Tribunal nullifying the appointment of Barrack Muluka ANC Secretary General.
Justice Lucy Njuguna issued the temporary order and also certified the matter urgent pending the hearing and determination of the matter.
She directed the case to be heard inter-parties on 19th April.
ANC leader Musalia Mudavadi and three others moved to the court to appeal a decision by PPDT that removed Muluka and reinstated nominated MP Godfrey Osotsi as the party’s Secretary General yesterday.
Through lawyer Dan Ameyo, Mudavadi, Muluka, Kelvin Lunani and Margaret Ndanyi claim that they are likely to suffer injustice, irreparable loss and damage should the respondents proceed to execute the orders of the PPDT.
According to Mudavadi, ANC members Angela Gathoni, Ibrahim Memba and Osotsi took the case before the tribunal prematurely, not having exhausted the internal dispute resolution mechanisms as prescribed by section 40 (2) of the political parties Act of 2011.
Yesterday the tribunal, led by the Chairman Kyalo Mbobu declared Muluka’s appointment as null and void upon finding that it was done irregularly in October last year.
The tribunal rejected claims by ANC that Osotsi had voluntarily resigned from the SG position paving way for Muluka’s appointment.
The appellants accused the Tribunal for dismissing their preliminary objection and went ahead to entertain the matter contrary to the provisions of the law.
They claim the tribunal was furnished with sufficient evidence that Osotsi voluntarily resigned from office and his resignation would be effective on the date of his nomination to parliament and due procedure was followed in the appointment of Muluka.
Osotsi had been replaced on 12th October 2017 through a special National Executive Council (NEC).
The Tribunal had been told that the special National Executive Council was called on 12thOctober to allegedly receive party updates but it later turned out the meeting was to replace Osotsi. Angela Gathoni and Ibrahim Memba complained that the replacement of Osotsi was not in the agenda of the meeting held that day.
